Terms and Conditions

General terms and conditions of business

for entrepreneurial businesses


  1. Applicability and scope of the general terms and conditions:

1.1 The following General Terms and Conditions apply if the photographer is an entrepreneur within the meaning of Section 1 KSchG as a contractual partner.


1.2. The photographer provides his services exclusively on the basis of the following general terms and conditions. By placing the order, the client acknowledges their applicability. Unless the photographer announces any changes, these also apply to all future business relationships, even if no express reference is made to them. Any general terms and conditions of the contractual partner do not become part of the contract.


1.3. If individual provisions of these General Terms and Conditions are ineffective, this will not affect the binding nature of the remaining provisions of the contracts concluded on the basis of them. An ineffective provision must be replaced by an effective one that comes closest to its meaning and purpose.


1.4. Offers from the photographer are subject to change and non-binding.


  1. Copyright provisions:

2.1 The photographer is entitled to all copyrights and ancillary copyrights of the photograph manufacturer (§§1, 2 para. 2, 73ff UrhG). Permissions for use (publication rights, etc.) are only deemed to have been granted if expressly agreed. In this case, the contractual partner acquires a simple (non-exclusive and non-exclusive), non-transferable (assignable) license for use for the expressly agreed purpose and within the agreed limits (circulation number, time and location restrictions, etc.); In case of doubt, the scope of use stated in the invoice or delivery note is decisive. In any case, the contractual partner only acquires as many rights as correspond to the disclosed purpose of the contract (order placed). Unless otherwise agreed, permission to use is only valid for a one-off publication (in one edition), only for the client’s expressly designated medium and not for advertising purposes.

2.2 For every use (reproduction, distribution, broadcast, etc.), the contractual partner is obliged to provide the manufacturer’s name (attribution) or the copyright notice within the meaning of the WURA (World Copyright Agreement) clearly and legibly (visibly), in particular not overwritten and in normal letters, immediately attached to the photograph and clearly assignable to it as follows: Photo: (c) .. name/company/artist name of the photographer; Place and, if published, year of first publication. In any case, this provision is considered to be the affixing of the manufacturer’s name within the meaning of Section 74 Paragraph 3 of the Copyright Act. If the photograph is signed on the front (in the picture), the publication of this signature does not replace the manufacturer’s note described above.


2.3 Any changes to the photograph require the written consent of the photographer. This only does not apply if the change is necessary according to the contractual purpose known to the photographer.

2.4 The authorization for use is only deemed to have been granted if the agreed recording and usage fee has been paid in full and only if a proper manufacturer designation/name is given (point 2.2 above).

2.5 In the event of publication, two free specimen copies must be sent. For expensive products (art books, video cassettes), the number of specimen copies is reduced to one. If published on the Internet, the photographer must be provided with the web address.


III. Ownership of footage – archiving:

3.1.1 Analogue photography:

The photographer has ownership rights to the exposed film material (negatives, slides, etc.). The latter transfers ownership of the recordings required for the agreed use to the contractual partner in return for an agreed and appropriate fee.

The photographs delivered remain the property of the photographer until the purchase price has been paid in full.

Slides (negatives only in the case of a written agreement) will only be made available to the contractual partner on loan against return after use at the risk and expense of the contractual partner, unless otherwise agreed in writing.


3.1.2 Digital photography

Ownership of the image files belongs to the photographer. A right to hand over digital image files only exists after an express written agreement and – unless otherwise agreed – only applies to a selection and not to all image files produced by the photographer.


In any case, the usage permit is only deemed to have been granted to the extent of point 2.1.


3.2 Any reproduction or distribution of photographs in online databases, in electronic archives, on the Internet or in intranets, which are not only intended for the client’s internal use, on diskettes, CD-ROMs or similar data carriers is only permitted on the basis of a special agreement between permitted to the photographer and the client. The right to a backup copy remains unaffected.

3.3 The photographer will archive the recording without any legal obligation for a period of one year. In the event of loss or damage, the contractual partner is not entitled to any claims.



  1. Labelling:

4.1 The photographer is entitled to mark the photographs and digital image files with his manufacturer’s name in any way he deems suitable (including on the front). The contractual partner is obliged to ensure the integrity of the manufacturer’s name, especially if it is permitted to be passed on to third parties (printers, etc.). If necessary, the manufacturer’s designation must be added or renewed. This applies in particular to all reproduction media created during production or when making copies of digital image files.


4.2 The contractual partner is obliged to store digital photographs in such a way that the manufacturer’s name remains electronically linked to the images so that it is retained during any type of data transfer and the photographer as the author of the images can be clearly and unambiguously identified.



  1. Additional duties:

5.1 The contractual partner must ensure that any third-party licenses for the use of the work are required and the consent to depict people is required. He shall indemnify and hold the photographer harmless in this regard, in particular with regard to claims arising from the right to his own image in accordance with Section 78 of the Copyright Act and with regard to usage claims in accordance with Section 1041 of the Austrian Civil Code (ABGB). The photographer only guarantees the consent of authorized parties in the event of an express written consent for the contractual purposes (point 2.1).


5.2 If the photographer is commissioned by the contractual partner to electronically process third-party photographs, the client assures that he is entitled to do so and releases the photographer from all claims by third parties that are based on a breach of this obligation.


5.3 The contractual partner undertakes to pick up any objects recorded immediately after recording. If these objects are not picked up after two working days at the latest upon request, the photographer is entitled to charge storage costs or to store the objects at the client’s expense. Transport and storage costs are borne by the client.



  1. Loss and Damage:

6.1 In the event of loss or damage to photographs taken on order (slides, negative material, digital image files), the photographer is liable – whatever the legal title – only for intent and gross negligence. Liability is limited to his own fault and that of his servants; For third parties (laboratories etc.), the photographer is only liable for intent and gross negligence in the selection. Any liability is limited to the material costs and the free repetition of the recordings (if and to the extent this is possible). The client is not entitled to any further claims; In particular, the photographer is not liable for any travel and subsistence expenses as well as for third-party costs (models, assistants, make-up artists and other recording staff) or for lost profits, consequential and immaterial damages. Claims for damages only exist if the injured party can prove gross negligence. Claims for compensation expire after 3 months from knowledge of the damage and the perpetrator, but in any case 10 years after the service or delivery was provided.



6.2 Point 6.1 applies accordingly in the event of loss or damage to handed over templates (films, layouts, display pieces, other templates, etc.) and handed over products and props. More valuable items must be insured by the contractual partner.



VII. Early dissolution:

The photographer is entitled to terminate the contract with immediate effect for important reasons. An important reason can be assumed in particular if bankruptcy or settlement proceedings are opened against the assets of the contractual partner or an application to open such proceedings is rejected due to insufficient assets to cover the costs, or if the customer stops making payments, or if there are legitimate concerns about the creditworthiness of the contractual partner exist and the photographer does not provide advance payments or suitable security at the request of the photographer, or if the execution of the service is impossible for reasons for which the contractual partner is responsible or is further delayed despite a 14-day grace period being set, or the contractual partner despite a written warning with a grace period of 14 days, continues to violate essential obligations under the contract, such as the payment of a partial amount due or obligations to cooperate.



VIII. Performance and warranty:

8.1 The photographer will carry out the assigned order carefully. He can also have the order carried out – in whole or in part – by a third party. Unless the contractual partner makes written instructions, the photographer is free to decide how the order is carried out. This applies in particular to the composition of the image, the selection of photo models, the location and the photographic means used. Deviations from previous deliveries do not in themselves constitute a defect.

8.2 No liability is accepted for defects that are due to incorrect or imprecise instructions from the contractual partner (§ 1168a ABGB). In any case, the photographer is only liable for intent and gross negligence.

8.3 The contractual partner bears the risk for all circumstances that are not the responsibility of the photographer, such as weather conditions during outdoor photography, timely provision of products and props, failure of models, travel disruptions, etc.

8.4 Shipments travel at the contractual partner’s expense and risk.


8.5 The photographer reserves the right – apart from those cases in which the contractual partner has the right to change by law – to fulfill the warranty claim at his discretion through improvement, replacement or price reduction. In this regard, the contractual partner must always prove that the defect was already present at the time of handover. The goods must be inspected immediately after delivery. Any defects discovered must also be reported to the photographer in writing immediately, but at the latest within 8 days of delivery, stating the type and extent of the defect. Hidden defects must be reported immediately after they are discovered. If a complaint about defects is not made or not made in a timely manner, the goods are deemed to have been approved. The assertion of warranty or claims for damages, including consequential damages, as well as the right to challenge errors due to defects are excluded in these cases. The warranty period is 3 months.


8.6 No liability is accepted for insignificant defects. Differences in color when reordering are not considered a significant defect. Point 6.1 applies accordingly.


8.7 Liability for fixed order dates is only possible if expressly agreed in writing. In the event of any delivery delays, 6.1 applies accordingly.


8.8 Minor overruns in delivery times must be accepted in any case, without the contractual partner being entitled to a claim for damages or a right of withdrawal.


8.9 Any permissions granted by the photographer do not include the public performance of sound works in any media.



IX Wages/fees:

9.1 In the absence of an express written agreement, the photographer is entitled to a fee for work (fees) according to his currently valid price lists, otherwise an appropriate fee.

9.2 The fee is also due for layout or presentation recordings and if exploitation does not occur or depends on the decision of a third party. In this case, no price reductions will be granted on the admission fee.


9.3 All material and other costs (props, products, models, travel expenses, subsistence expenses, make-up artists, etc.), even if they were procured by the photographer, must be paid separately.

9.4 Changes requested by the contractual partner in the course of carrying out the work are at his expense.

9.5 Conceptual services (advice, layout, other graphic services, etc.) are not included in the admission fee. The same applies to above-average organizational effort or such meeting effort.

9.6 If the contractual partner refrains from carrying out the order placed for reasons within his control, the photographer is entitled to the agreed fee unless otherwise agreed. In the event that appointment changes are absolutely necessary (e.g. due to weather conditions), a fee corresponding to the time spent or reserved in vain and all additional costs must be paid.


9.7 The net fee is plus VAT at the respective statutory rate.


9.8 The contractual partner waives the possibility of offsetting.



  1. License fee:

Unless expressly agreed otherwise in writing, the photographer is entitled to a separate fee for the use of the work in the agreed or appropriate amount if a usage permit is granted.


  1. Payment:

11.1 Unless otherwise expressly agreed in writing, a payment on account of 50% of the expected invoice amount must be made when the order is placed. Unless otherwise expressly agreed in writing, the remaining fee – if it can be determined by the contractual partner – is due for payment in cash immediately after completion of the work, otherwise after invoicing. The invoices are payable without any deductions and free of charge. In the case of a bank transfer, payment is only deemed to have been made once the photographer has been notified of receipt of payment.


11.2 For orders that include several units, the photographer is entitled to invoice each individual service after delivery.


11.3 If the contractual partner defaults on payment, the photographer is entitled – without prejudice to any claims for damages that exceed the amount – to charge interest on arrears at an annual rate of 5 percent above the base interest rate.


11.4 If delivered images become the property of the contractual partner, this only happens when the recording fee including additional costs has been paid in full. Asserting the retention of title does not constitute a withdrawal from the contract unless this is expressly stated.



XII. Data protection:

The contractual partner expressly agrees that the photographer automatically determines, stores and processes the data provided by him (name, address, e-mail, credit card details, account transfer details, telephone number) for the purposes of fulfilling the contract and support as well as for his own advertising purposes. Furthermore, the contractual partner agrees that electronic mail will be sent to him for advertising purposes until revoked.



The contractual partner takes note of the following data protection notice, unless he has received further information, and confirms that the photographer has thereby fulfilled his information obligations:


The photographer, as the person responsible, processes the contractual partner’s personal data as follows:


  1. Purpose of data processing:

The photographer processes the personal data mentioned under point 2 in order to execute the contract concluded and/or the orders requested by the contractual partner or to use the images for the photographer’s advertising purposes, as well as the further disclosed personal data for the photographer’s own advertising purposes.


  1. Categories of data processed and legal basis for processing:

The photographer processes the personal data, namely name, address, telephone and fax numbers, email addresses, bank details and image data, in order to achieve the purposes mentioned under point 1.


  1. Transmission of the contractual partner’s personal data:

For the purposes mentioned above, the contractual partner’s personal data, if this is the content of the contract, will be transmitted to recipients to be named by name at the request of the contractual partner, namely in particular third parties close to the concluded contract, if this is the content of the contract, media, should there be an agreement in this regard the contractual partner and any third parties involved in the execution of the contract.


  1. Storage period:

The contractual partner’s personal data will only be retained by the photographer for as long as it is reasonably deemed necessary to achieve the purposes stated under point 1 and as permitted by applicable law. The contractual partner’s personal data will be stored as long as there are legal retention requirements or the limitation periods for potential legal claims have not yet expired.


  1. The rights of the contractual partner in connection with personal data:

According to applicable law, the contractual partner is entitled, among other things

  • to check whether and which personal data the photographer has stored in order to receive copies of this data – with the exception of the photographs themselves
  • to request the correction, addition or deletion of your personal data that is incorrect or not processed in accordance with the law
  • to demand that the photographer restrict the processing of personal data – provided the legal requirements are met
  • under certain circumstances, to object to the processing of your personal data or to revoke the consent previously given for processing
  • to request data portability
  • to know the identity of third parties to whom the personal data is transmitted and
  • to lodge a complaint with the responsible authority if the legal requirements are met


  1. Contact details of the person responsible:

If the contractual partner has any questions or concerns regarding the processing of his personal data, he can contact the photographer known to him by name and address.



XIII. Use of images for advertising purposes by the photographer:

Unless there is an express written agreement to the contrary, the photographer is entitled to use photographs he has produced to promote his work. The contractual partner gives his express and irrevocable consent to the publication for the photographer’s advertising purposes and waives the assertion of any claims, in particular from the right to his own image in accordance with § 78 UrhG as well as claims for use in accordance with § 1041 ABGB.


The contractual partner also gives his consent, taking into account the applicable data protection regulations, that his personal data and in particular the photographs produced will be processed for the purpose of publication for the photographer’s advertising purposes.



XIV. Final provisions:

13.1 Place of performance and place of jurisdiction is the photographer’s registered office. If the registered office is relocated, lawsuits can be brought at the old and new company headquarters.


13.2 Any claims for recourse that contractual partners or third parties make against the photographer under the heading of product liability within the meaning of the PHG are excluded unless the person entitled to recourse proves that the error was caused within the sphere of the photographer and was at least due to gross negligence. Otherwise, Austrian substantive law applies. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. The contract language is German.


13.3 These General Terms and Conditions apply mutatis mutandis to film works or motion pictures made to order by photographers, regardless of the process and technology used (film, video, etc.).